Trees v. Flagstar Lender, Lakeview Mortgage Upkeep, LLC
On top of that, the latest undersigned found that Plaintiff’s allegation regarding your tape out-of a couple of lien releases did not give rise to one possible allege once the new releases, regardless if linked to the house involved, worried a different loan not related to that fit
That it Declaration and Testimonial issues the following around three movements: (1) Plaintiff’s Affidavit of Affairs to get Defendant’s Ginnie Mae Default Wisdom [#17], that Judge construes once the Plaintiff’s Action to have Standard View facing Offender Ginnie Mae; (2) Plaintiff’s Affidavit out-of Points in support of Defendant’s Hughes, Watters & Amp Askanase Attorney Standard Judgment [#18], that your Courtroom construes as the Plaintiff’s Activity to possess Standard Judgment against Offender Hughes, Watters & Askanase; and you will (3) Offender Hughes Watters & Askanase, LLP’s Signal a dozen(b)(6) Activity so you’re able to Write off that have Bias [#21]. Pursuing the Section Courtroom then followed the brand new undersigned’s earlier declaration and you can testimonial, the latest Courtroom re also-introduced this case with the undersigned to have aura of all of the kept pretrial things [#28]. The fresh new undersigned has expert to enter that it recommendation pursuant so you can twenty eight You.S.C. § 636(b)(1)(B). Into the explanations set forth lower than easy money title loan Monona, we recommend that Plaintiff’s Action to have Standard Wisdom up against Accused Ginnie Mae [#17] feel Rejected; Plaintiff’s Activity to possess Default Wisdom facing Defendant Hughes, Watters & Askanase [#18] feel Ignored Since MOOT; and you may Offender Hughes Watters Askanase, LLP’s Signal a dozen(b)(6) Motion to Disregard having Prejudice [#21] be Provided. The latest undersigned further suggests that the District Judge dismiss in place of prejudice Plaintiff’s leftover says against Ginnie Mae sua sponte.
Plaintiff Sammy Lee Woods, Jr., proceeding expert se, filed their Problem to your [#3] facing Defendants Flagstar Lender, Lakeview Mortgage Servicing, LLC, Loancare, LLC, Ginnie Mae, and you will Hughes, Watters & Askanase. Plaintiff’s states matter assets located at 7727 Windview Ways, San Antonio, Tx 78244 and an allegedly illegal shot within foreclosures. (Compl. [#3] on dos, 33.) Plaintiff’s Criticism, in the event lengthy, contains hardly any factual allegations and even lacks a description out of the newest events in order to differentiate the latest alleged misconduct of your some Defendants. (Id. in the 2.) What can cause action asserted from inside the Plaintiff’s Grievance are unsure, however, Plaintiff is apparently asserting states from wrongful foreclosures, breach of deal, scam, and assertion out-of owed procedure, as well as abuses of the Colorado Organization and Business Code §3.603, the way it is Into the Credit Act («TILA»), the true House Settlement Measures Operate («RESPA»), the brand new Racketeer Swayed and Corrupt Teams Operate («RICO»), and the Uniform Commercial Code («UCC»). (Id. during the 3-twenty eight.) Attached to Plaintiff’s Ailment are certain records one presumably help their claims. (Id. during the 33-60.)
However, construing Plaintiff’s Criticism and other pleadings liberally, it would appear that he could be alleging which he renegotiated his mortgage with a brand new promissory mention on , hence note effectively paid back the borrowed funds in a fashion that people attempt in the property foreclosure are unlawful
Defendants Flagstar Bank, Lakeview Mortgage Upkeep, and you will Loancare gone to live in dismiss Plaintiff’s says pursuant so you can Federal Rule regarding Civil Process a dozen(b)(6), while the undersigned approved a report and you can testimonial suggesting the fresh activity end up being offered to your [#19]. In the statement, the undersigned concluded that Plaintiff’s allegation he fulfilled the total amount due for the their financing of the submitting a different notice to help you Flagstar Financial don’t give rise to one facially plausible allege, since the mention connected with Plaintiff’s Criticism looked like unilaterally written and you may conducted from the Plaintiff within the make an effort to customize the loan’s terms. Fundamentally, the newest undersigned unearthed that Plaintiff’s states under RILA, Control Z, and you will RESPA was indeed barred from the governing law out of constraints and you may Plaintiff’s UCC and you may Tx Business and Commerce Code claims were unsuccessful because the an issue of law since these legislation do not govern liens toward real property.
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